Motor Accident Queensland (QLD)

Queensland has a common law style 'fault' based scheme in place for persons injured in motor vehicle accidents.

If you are injured in a motor vehicle accident in Queensland you are only able to make a claim if you are able to prove the other party was negligent. In some cases, compensation may not be available as there may not be a negligent party against whom to make a claim.

If you are involved in a motor vehicle accident and you are injured, by law you must report the accident to the Police. Failure to do this could seriously damage your right to make a claim for compensation in the future.

Due to legislative changes, your entitlements may differ depending when the motor vehicle accident occurred.

Accidents prior to 1 October 2000

You may be entitled to make a claim if you are injured in an accident in Queensland and the other party is found to be wholly or partially negligent. This is a Compulsory Third Party (CTP) claim. If you are found to be partially at fault, you may still be able to make a claim, however your compensable entitlements may be reduced.

Dependants of a person who has been fatally injured in a motor vehicle accident may also be able to make a claim through the CTP if negligence has been established.

What may I be entitled to?
Entitlements may include:

• Payment of medical expenses.
• Loss of earnings - this may be limited.
• Rehabilitation.
• Long term care.
• Reasonable funeral expenses in the event of a fatal injury.

Time Limits

If you are unable to locate the negligent party, you must lodge a Nominal Defendant claim. This must be lodged within three (3) months of the date of the motor vehicle accident.

If you are able to locate the negligent party, you have either:

Nine (9) months after the date of the motor vehicle accident or nine (9) months following the first appearance of symptoms relating to the motor vehicle accident if they are not initially apparent.

Or;

You have one (1) month after you first consult a lawyer about your potential compensation claim. Failure to lodge a claim within these time limits could lead to your claim being rejected.

Contact us today to discuss your claim and the time limits!

Accidents after 1 October 2000

You may be entitled to make a claim if you are injured in an accident in Queensland and the other party is found to be wholly or partially negligent. This is a Compulsory Third Party (CTP) claim. If you are found to be partially at fault, you may still be able to make a claim, however your compensable entitlements may be reduced.

Dependants of a person who has been fatally injured in a motor vehicle accident may also be able to make a claim through the CTP if negligence has been established.

What may I be entitled to?

The extent and the type of injuries sustained in your motor vehicle accident will have a direct effect on the compensation available to you.

Entitlements may include:

• Payment of medical expenses
• Loss of earnings - this may be limited
• Rehabilitation
• Long term care.
• Reasonable funeral expenses in the event of a fatal injury.

Time Limits

If you are unable to locate the negligent party, you must lodge a Nominal Defendant claim. This must be lodged within three (3) months of the date of the motor vehicle accident.

If you are able to locate the negligent party, you have either:

Nine (9) months after the date of the motor vehicle accident or nine (9) months following the first appearance of symptoms relating to the motor vehicle accident if they are not initially apparent.

Or;

You have one (1) month after you first consult a lawyer about your potential compensation claim. Failure to lodge a claim within these time limits could lead to your claim being rejected.

Contact us today to discuss your claim and the time limits!

The Civil Liability Act 2003

This Act has been introduced to apply to recent motor vehicle accidents in Queensland. It can seriously affect the type of claims possible and limits the damages available to the injured person.

If you are injured in a motor vehicle accident, contact Legal Injury for further information relating to the Civil Liability Act 2003 and how it affects your claim.

Please note this is general information; please contact Legal Injury today to discuss your potential claim further.